Act No. 4007 | Senate of the Philippines Legislative Reference Bureau

"SEC. 75. Executive departments.—There shall be six executive departments, to wit: the Department of Finance, the Department of Public Instruction, the Department of Justice, the Department of Agriculture and Commerce, the Department of Public Works and Communications, and the Department of the Interior and Labor, which shall be under the direct control of the respective Secretaries of Department, exercising their functions subject to the general supervision and control of the Governor-General."

SEC. 3. Section seventy-six of the Revised Administrative Code is hereby amended to read as follows:

"SEC. 76. Secretaries of departments.—The Department of Finance shall perform its functions under the executive authority of the Secretary of Finance; the Department of Public Instruction shall perform its functions under the executive authority of the Secretary of Public Instruction; the Department of Justice shall perform its functions under the executive authority of the Secretary of Justice; the department of Agriculture and Commerce shall perform its rations under the executive authority of the Secretary of culture and Commerce; the Department of Public Works and Communications shall perform its functions under the executive authority of the Secretary of Public Works and Communications; and the Department of the Labor shall perform its functions under the Labor shall perform its functions under the executive authority of the Secretary of the Interior and Labor."

SEC. 4. Section eighty-one of the Revised Administrative Code is hereby amended to read as follows:

"SEC. 81. Bureaus and offices under the Department of Finance.—The Department of Finance shall have the executive supervision over the Bureau of Customs, the Bureau of Internal Revenue, the Bureau of the Treasury, the Bureau of Banking, the Bureau of Printing, the Division of Purchase and Supply, the Manila Harbor Board, and the Tobacco Board. It shall also have the general supervision over banks, banking transactions, coinage, currency, and except as otherwise especially provided, over all funds the investment of which may be authorized by law."

SEC. 5. Section eighty-two of the Revised Administrative Code is hereby amended to read as follows:

"SEC. 82. Bureaus and offices under the Department of Public Instruction.—The Department of Public Instruction shall have the executive supervision over the Bureau of Education, the Bureau of Health, the Bureau of Public Welfare, the Philippine General Hospital, the Bureau of Quarantine Service, and the Office of the National Physical Director."

SEC. 6. Section eighty-three of the Revised Administrative Code is hereby amended to read as follows:

"SEC. 83. Bureaus and offices under the Department of Justice.—The Department of Justice shall have the executive supervision over the Bureau of Justice, the Courts of First Instance and inferior courts, the Public Service Commission, the Bureau of Prisons, and the General Land Registration Office. It shall also have the general supervision and control of the provincial sheriffs, the provincial fiscals, and all other law officers of the Government.

"The Secretary of Justice shall be the attorney-general and legal adviser of the Government and ex-officio legal adviser of all government owned and controlled business enterprises. As such, he may assign to the law officers of the said business enterprises such other duties as he may see fit, in addition to their regular duties. When thereunto requested in writing, the Secretary of Justice shall give advice, in the form of written opinions, to any of the following functionaries, upon any question of law relative to the powers and duties of themselves or subordinates, or relative to the interpretation of any law or laws affecting their offices or functions, to wit: the Governor-General, the President of the Philippine Senate, the Speaker of the House of Representatives, the respective Heads of the Executive Departments, the chiefs of the organized bureaus and offices, the trustee of any government institution, and any provincial fiscal."

SEC. 7. Section eighty-four of the Revised Administrative Code is hereby amended to read as follows:

"SEC. 84. Bureaus and offices under the Department of Agriculture and Commerce.—The Department of Agriculture and Commerce shall have the executive supervision over the Bureau of Plant Industry, the Bureau of Animal Industry, the Bureau of Forestry, the Bureau of Lands, the Bureau of Science, the Bureau of Commerce, the Weather Bureau, matters pertaining to colonies and plantations on public lands, and matters concerning hunting, fisheries, sponges, and other sea products, including the issuance of licenses therefor."

SEC. 8. Section eighty-five of the Revised Administrative Code is hereby amended to read as follows:

"SEC. 85. Bureaus and offices under the Department of Public Works and Communications.—The Department of Public Works and Communications shall have the executive supervision over the Bureau of Public Works, the Bureau of Posts, the Metropolitan Water District, the Bureau of Coast and Geodetic Survey, the Division of Aeronautics, and the Division of Marine Railway and Repair Shops."

SEC. 9. Section eighty-six of the Revised Administrative Code is hereby amended to read as follows:

"SEC. 86. Bureaus and offices under the Department of the Interior and Labor.—The Department of the Interior and Labor shall have the executive supervision over the administration of provinces, municipalities, chartered cities and other local political subdivisions, the Bureau of Non-Christian Tribes, the Philippine Constabulary, the Bureau of Labor, and the Board of Censorship for Moving Pictures. It shall also have the general supervision over matters pertaining to marriage and the registration of priests and ministers."

SEC. 10. The Director of Civil Service shall be the executive officer of all boards of examiners hereinafter named and shall conduct the examinations given by any of these boards, according to rules and regulations promulgated by him and approved by the respective Department Heads. The bureau shall keep all the records of the boards of examiners, including the examination papers and the minutes of the deliberations of the boards. The director shall designate any subordinate officer of his bureau to act as secretary. Examination fees shall be paid to the officer designated by proper authority as the disbursing officer for the Bureau of Civil Service, and such officer shall pay all authorized expenses of the different boards including the compensation provided for by law for the examiners.

The Board of Accountancy, the Board of Examiners for Marine Officers, the Board of Examiners for Marine Engineers, the Board of Medical Examiners, the Board of Pharmaceutical Examiners, the Board of Dental Examiners, the Board of Optical Examiners, the Board of Examiners for Nurses, the Veterinary Examining Board, the Board of examiners for Surveyors, the Board of Examiners for Civil Engineers, the Board of Examiners for Mechanical Engineers, the Board of Examiners for Electrical Engineers, the Board of Examiners for Chemical Engineers, the Board of Examiners for Mining Engineers, and the Board of Examiners for Architects, shall each be composed of a chairman and two members, who shall be appointed by the different Secretaries of Department, as hereinbelow proved, from among persons of recognized standing in their respective professions, who shall serve for a period of one year, and who shall receive compensation not to exceed five pesos per capita of the candidates examined, as the proper Department Head may fix.

The chairman and members of the following boards shall be appointed by the Secretary of Finance:

Board of Accountancy;
Board of Examiners for Marine Officers; and
Board of Examiners for Marine Engineers.

The chairman and members of the following boards shall be appointed by the Secretary of Public Instruction:

Board of Medical Examiners;
Board of Pharmaceutical Examiners;
Board of Dental Examiners;
Board of Optical Examiners; and
Board of Examiners for Nurses.

The chairman and members of the following boards shall be appointed by the Secretary of Agriculture and Commerce:

Veterinary Examining Board; and
Board of Examiners for Surveyors.

The chairman and members of the following boards shall be appointed by the Secretary of Public Works and Communications:

Board of Examiners for Civil Engineers;
Board of Examiners for Mechanical Engineers;
Board of Examiners for Electrical Engineers;
Board of Examiners for Chemical Engineers;
Board of Examiners for Mining Engineers; and
Board of Examiners for Architects.

The chairmen of the boards of examiners aforementioned shall report the results of the examinations to the Director of Civil Service, who shall submit such results to the corresponding Secretary of Department, and upon approval by the Secretary of the results of the examinations, the Secretary of the Department shall issue the license or certificate entitling the person to whom it is issued to practice the profession for which he has taken the examination.

Except as modified by this Act, all laws governing examinations given by the above-mentioned boards shall continue in force.

SEC. 11. The provisions of existing law to the contrary notwithstanding, the total annual expenses of the Bureau of Banking shall be reimbursed annually to the Government by assessment levied upon all banking institutions subject to inspection by the Bank Commissioner. The proportion of expenses of the Bureau of Banking to be assessed against each such banking institution shall be the same as the proportion which its average total assets bear to the average total assets of all such banking institutions during the year in which the expenses were incurred.

SEC. 12. The Bureau of Supply is hereby abolished as a separate bureau and, except as herein otherwise provided, all the powers and duties conferred upon it by existing law shall hereafter be exercised by the Secretary of Finance, through a Division of Purchase and Supply, the chief at which shall be known as the Purchasing Agent and shall be appointed by the Governor-General with the consent of the Senate.

The Division of Purchase and Supply shall take charge of procuring and furnishing supplies under the direct order and payment system to the various offices, officials and branches of the Government and other persons entitled to make purchases through said division, the same being required for official or other lawful use: Provided, That provinces, cities and municipalities shall make their purchases of supplies without the intervention of the division as hereinafter provided when the needed supplies are obtainable at reasonable prices in the locality or neighboring places.

The Division of Purchase and Supply shall arrange the terms of the contract to be entered into with the local merchants in Manila or at other places for the furnishing and delivery of supplies directly to the Government offices, provinces, cities, and municipalities, and shall prepare price lists of supplies, copies of which shall be furnished all bureaus and offices of the Government, including the governments of the provinces, municipalities, chartered cities and other local political subdivisions to be used by them as a basis for the direct purchase of supplies, either in their respective localities or in a neighboring city or town: Provided, That nothing contained herein shall be construed to prohibit any province, city or municipality or other local political subdivision from filing its requisitions for supplies with the Division of Purchase and Supply in which case the division shall forward such requisitions to the merchants concerned for the direct delivery of supplies requisitioned to the province, city or municipality, and collection of the payment thereof shall be made by the merchants direct from the requisitioning province, city or municipality.

Upon the recommendation of the Department Head and the approval of the Council of State, the Governor-General is hereby authorized to lease the government ice and cold storage plant in Manila to the highest bidder, under such terms and conditions as may be considered most advantageous to the public interests.

SEC. 13. The provisions of Act Numbered Three thousand and two, as amended, to the contrary notwithstanding, all orders, rules and regulations of the Manila Harbor Board relative to the receiving, handling, custody and delivery of merchandise on the wharves and piers of the port of Manila; the establishment of facilities for the convenience and comfort of passengers and the handling of their baggage; the fixing of the rates to be charged for such services; the appointment of personnel; and the making of appropriations of any funds under the control of the Board shall be subject to the approval of the Secretary of Finance.

SEC. 14. The Philippine Health Service, the Office of Public Welfare Commissioner and the Tuberculosis Commission are hereby abolished as separate bureaus or offices, and all the powers and duties heretofore exercised by them under existing laws, not inconsistent with this Act, are hereby transferred to the Bureau of Health and the Bureau Public Welfare, which are hereby created: Provided, That the Secretary of Public Instruction is hereby authorized to allocate said powers and duties between these two bureaus in accordance with the following general basis: those pertaining to public health, sanitation and hospitals, to the Southern Islands Hospital, should be assigned to the Bureau of Health, and those pertaining to social welfare, to the Bureau of Public Welfare.

SEC. 15 (a) There shall be in the Office of the Secretary of Public Instruction, a Commissioner of Health and Welfare with the rank and salary of Undersecretary of Department who shall, under the general supervision of the Secretary of Public Instruction, have immediate direction, supervision and control of the bureaus, offices and activities of the Department of Public Instruction relating to public health, sanitation, quarantine, hospitals, social welfare and the examining boards.

(b) The Bureau of Health, the Bureau of Public Welfare, and the Philippine General Hospital shall each have one chief, and no assistant chief, who shall be known respectively as the Director of Health, the Director of Public Welfare, and the Director of the Philippine General Hospital. Each of those officials shall be a physician of good repute and a graduate from a medical college of recognized standing, except the Director of Public Welfare who shall be a person possessed of special knowledge of social and welfare work.

SEC. 16. Sections nine hundred sixty-three, nine hundred sixty-four, nine hundred sixty-five, nine hundred sixty-seven, nine hundred sixty-eight, nine hundred sixty-nine, nine hundred seventy, nine hundred seventy-one, nine hundred seventy-two, nine hundred seventy-three, nine hundred seventy-four, nine hundred seventy-six, and nine hundred seventy-seven of the Revised Administrative Code, as amended, are hereby repealed.

SEC. 17. The Office of the Commissioner of Private Education is hereby abolished, and all the powers and duties conferred upon the Commissioner by Act Numbered Twenty-seven hundred and six, as amended, shall hereafter be exercised by the Undersecretary of Public Instruction with such subordinate personnel as may be authorized in the annual Appropriation Acts.

SEC. 18. Sections one thousand six hundred sixty-two and one thousand six hundred sixty-three of the Revised Administrative Code are hereby repealed.

SEC. 19. The chief and assistant chief of the Bureau of Justice shall hereafter be known, respectively, as the Solicitor-General and Assistant Solicitor-General and, except as herein otherwise provided, all the powers and duties conferred by existing law upon the Attorney-General as head of the Bureau of Justice shall be exercised by the Solicitor-General.

SEC. 20. Section one hundred and fifty-three of the Revised Administrative Code is hereby amended to read as follows:

"SEC. 153. Judicial districts.—Judicial districts for courts of first instance in the Philippine Islands are constituted as follows:

"The First Judicial District shall consist of the Province of Cagayan and the Province of Batanes.

"The Second Judicial District, of the Province of Isabela and the Province of Nueva Vizcaya.

"The Third Judicial District, of the Province of Ilocos Norte, the Province of Abra, and the Province of Ilocos Sur.

"The Fourth Judicial District, of the Province of La Union and the Mountain Province.

"The Fifth Judicial District, of the Province of Pangasinan and the Province of Zambales.

"The Sixth Judicial District, of the Province of Tarlac and theProvince of Nueva Ecija.

"The Seventh Judicial District, of the Province of Pampanga and the Province of Bulacan.

"The Eighth Judicial District, of the Province of Cavite and the Province of Palawan.

"The Ninth Judicial District, of the City of Manila.

"The Tenth Judicial District, of the Province of Rizal and the Province of Bataan.

"The Eleventh Judicial District, of the Province of Laguna.

"The Twelfth Judicial District, of the Province of Batangas and the Province of Mindoro.

"The Thirteenth Judicial District, of the Province of Tayabas and the Province of Marinduque.

"The Fourteenth Judicial District, of the Province of Camarines Norte and the Province of Camarines Sur.

"The Fifteenth Judicial District, of the Province of Albay, the Province of Sorsogon, the Province of Masbate, and the Subprovince of Catanduanes.

"The Sixteenth Judicial District, of the Province of Capiz and the Province of Romblon.

"The Seventeenth Judicial District, of the Province of Iloilo.

"The Eighteenth Judicial District, of the Province of Occidental Negros.

"The Nineteenth Judicial District, of the Province of Oriental Nugros, the Province of Antique, and the Subprovince of Siquijor.

"The Twentieth Judicial District, of the Province of Samar.

"The Twenty-first Judicial District, of the Province of Leyte.

"The Twenty-second Judicial District, of the Province of Cebu.

"The Twenty-third Judicial District, of the Province of Iloilo and the Province of Occidental Misamis.

"The Twenty-fourth Judicial District, of the Province of Agusan, the Province of Surigao, the Province of Oriental Misamis, the Province of Bukidnon, and the Province of Lanao.

"The Twenty-fifth Judicial District, of the Province of Zamboanga and the Province of Sulu.

"TheTwenty-sixth Judicial District, of the Province of Davao and the Province of Cotabato."

SEC. 21. Section one hundred and fifty-four of the Revised Administrative Code is hereby amended to read as follows:

"SEC. 154. Judges of First Instance for Judicial Districts.—One judge of First Instance shall be commissioned for each judicial district, except the third, fifth, sixth, seventh, ninth, tenth, thirteenth, fifteenth, seventeenth, eighteenth, twenty-first, twenty-second, and twenty-fourth.

"For the Third Judicial District, there shall be two judges, one of whom shall preside over the Court of First Instance of Ilocos Norte and the other over those of the Provinces of Ilocos Sur and Abra.

"For the Fifth Judicial District, there shall be three judges who shall be known as judges of the first, second and third branch, respectively, the judge of the third branch to preside also over the Court of First Instance of Zambales.

"For the Sixth Judicial District, there shall be three judges who shall be known as judges of the first, second and third branch, respectively, the judge of the third branch to preside over the Court of First Instance of Tarlac.

"For the Seventh Judicial District, there shall be two judges, one of whom shall preside over the Court of First Instance of Pampanga and the other over that of the Province of Bulacan.

"For the Ninth Judicial District, there shall be five judges who shall be known as judges of the first, second, third, fourth and fifth branch, respectively.

"For the Tenth Judicial District, there shall be two judges who shall be known as judges of the first and second branch, respectively, the judge of the second branch to preside also over the Court of First Instance of the Province of Bataan.

"For the Thirteenth Judicial District, there shall be two judges who shall be known as judges of the first and second branch, respectively, the judge of the second branch to preside also over the Court of First Instance of Marinduque.

"For the Fifteenth Judicial District, there shall be two judges who shall be known as judges of the first and second branch, respectively, one of whom shall preside over the Court of First Instance of the Province of Albay and the Subprovince of Catanduanes and the other over that of the Province of Sorsogon and the Province of Masbate.

"For the Seventeenth Judicial District, there shall be three judges who shall be known as judges of the first, second and third branch, respectively.

"For the Eighteenth Judicial District, there shall be two judges who shall be known as judges of the first and second branch, respectively.

"For the Twenty-first Judicial District, there shall be two judges who shall be known as judges of the first and second branch, respectively, the judge of the first branch to preside over the Court of First Instance at Tacloban and the judge of the second branch to preside over the Court of First Instance at Maasin.

"For the Twenty-second Judicial District, there shall be three judges who shall be known as judges of the first, second and third branch, respectively.

"For the Twenty-fourth Judicial District, there shall be two judges who shall be known as judges of the first and second branch, respectively. The judge of the first branch shall preside over the session of the Court of First Instance in the Provinces of Surigao and Agusan, and the judge of the second branch shall preside over the session of the Court of First Instance in the Province of Oriental Misamis, in the Province of Bukidnon, and in the Province of Lanao.

SEC. 22. Section one hundred and fifty-five of the Revised Administrative Code, as amended, is hereby further amended to read as follows:

"SEC. 155. Detail of judge to another district or province.—the public interest and the speedy administration of justice so require, a judge of first instance may be detailed by the Secretary of Justice to temporary duty for a period which shall in no case exceed three months, in a district or province other than his own, for the purpose of trying such cases as may be allotted to him in the regular distribution of work between the judges of the district: Provided, That, except in cadastral proceedings, no judge or judge-at-large shall be temporarily assigned to any district for the purpose of trying any particular case."

SEC. 23. Section one hundred and fifty-six of the Revised Administrative Code, as amended, is hereby further amended to read as follows:

"SEC. 156. Permanent stations of judges.—The permanent station of judges of the Ninth Judicial District shall be in the City of Manila. In districts comprising only one province, the permanent official station of the judge shall be at the capital of the province.

"In other judicial districts, the permanent stations of the judges shall be as follows:

"For the First District, in the municipality of Tuguegarao, Province of Cagayan.

"For the Second District, in the municipality of Ilagan, Province of Isabela.

"For the Third District, one judge shall be stationed in the municipality of Vigan, Province of Ilocos Sur, and the other in the municipality of Laoag, Province of Ilocos Norte.

''For the Fourth District, in the municipality of San Fernando, Province of La Union.

"For the Fifth District, in the municipality of Lingayen, Province of Pangasinan.

"For the Sixth District, two judges shall be stationed in the municipality of Cabanatuan, Province of Nueva Ecija, and the other in the municipality of Tarlac, Province of Tarlac.

"For the Seventh District, one judge shall be stationed in the municipality of San Fernando, Province of Pampanga, and the other in the municipality of Malolos, Province of Bulacan.

"For the Eighth District, in the municipality of Cavite, Province of Cavite.

"For the Tenth District, in the municipality of Pasig, Province of Rizal.

"For the Twelfth District, in the municipality of Batangas.

"For the Thirteenth District, in the municipality of Lucena, Province of Tayabas.

"For the Fourteenth District, in the municipality of Naga, Province of Camarines Sur.

"For the fifteenth District, one judge shall be stationed municipality of Legaspi, Province of Albay, and the other in the municipality of Sorsogon, Province of Sorsogon.

"For the Sixteenth District, in the municipality of Capiz, Province of Capiz.

"For the Nineteenth District, in the municipality of Dumaguete, Province of Oriental Negros.

"For the Twenty-first District, the judge of the first branch shall be stationed in the municipality of Tacloban, Province of Leyte, and the judge of the second branch in the municipality of Maasin, same province.

"For the Twenty-third District, in the municipality of Tagbilaran, Province of Bohol.

"For the Twenty-fourth District, one judge shall be stationed in the municipality of Surigao, Province of Surigao, and the other in the municipality of Cagayan, Province of Oriental Misamis.

"For the Twenty-fifth District, in the municipality of Zamboanga, Province of Zamboanga.

"For the Twenty-sixth District, in the municipality of Davao, Province of Davao."

SEC. 24. Section one hundred and fifty-seven of the Revised Administrative Code is hereby amended to read as follows:

"SEC. 157. Judges-at-large.—In addition to the judges mentioned in section one hundred and fifty-four hereof, as amended, there shall also be appointed six judges who shall not be assigned permanently to any judicial district and who shall render duty in such districts or provinces as may, from time to time, be designated by the Department Head."

SEC. 25. Sections one hundred and fifty-eight, one hundred and fifty-nine, and one hundred and sixty of the Revised Administrative Code are hereby repealed.

SEC. 26. Section one hundred and sixty-one of the Revised Administrative Code, as amended, is hereby further amended to read as follows:

"SEC. 161. Places and times of holding court.—For the Ninth Judicial District, court shall be held in the City of Manila; and in other districts which comprise not more than one province, as well as in those districts which comprise more than one province and for which, under the provisions of this Act, two judges are commissioned, court shall be held at the capital of the province in which said judges are permanently stationed, except as hereinafter provided. In said districts, sessions of court shall be convened on all workdays when there are cases ready for trial or other court business to be dispatched.

"In the following districts, court shall be held at the places and times hereinbelow specified:

"First District: At Tuguegarao, Province of Cagayan, on the first Tuesday of August of each year; at Aparri, Province of Cagayan, on the first Tuesday of June and January of each year; at Santo Domingo de Basco, Province of Batanes, on the first Tuesday of March of each year. A special term of court shall also be held once a year in the municipalities of Abulug and Tuao, both of the Province of Cagayan, in the discretion of the court.

"Second District: At Ilagan, Province of Isabela, on the first Tuesday of February and July of each year; at Bayombong, Province of Nueva Vizcaya, on the second Tuesday of January and June of each year.

"Third District: At Bangued, Province of Abra, on the first Tuesday of March and October of each year; at Vigan, Province of Ilocos Sur, on the first Tuesday of June and December of each year.

"Fourth District: At San Fernando, Province of La Union, on the first Tuesday of January and September of each year: at Baguio, Mountain Province, on the first Tuesday of June and December of each year; at Kiangan, Mountain Province, on the first Tuesday of March and November of each year; at Bontoc, Mountain Province, on the second Tuesday of March and November of each year. Whenever the interests of the administration of justice so require, special terms of court may be held at Lubuagan, Subprovince of Kalinga, and at Cabugao, Subprovince of Apayao.

"Fifth District: At Iba, Province of Zambales, on the first Tuesday of March and November of each year; at Lingayen. Province of Pangasinan, on the first Tuesday of June and December of each year; at Tayug, same province, on the first Tuesday of February of each year.

"Eighth District: At Cavite, Province of Cavite, on the first Tuesday of July and November of each year; at Coron, Province of Palawan, on the first Monday of June and October of each year; at Bacuit, Province of Palawan, on the first Saturday of June and October of each year; at Cuyo, same province, on the second Thursday of June and October of each year; at Aracali, same province, on the third Tuesday of June and October of each year; at Brooks Point, same province, on the third Saturday of June and October of each year; and at Puerto Princesa, same province, on the fourth Tuesday of June and October of each year; Provided, That if the circumstances so warrant the dates of the terms of court fixed in the above schedule for any of the said places in the Province of Palawan may be changed in the discretion of the court.

"Tenth District: At Balanga, Province of Bataan, on the first Tuesday of January and June of each year; at Pasig, Province of Rizal, on the first Tuesday of March and August of each year.

"Twelfth District: At Batangas, Province of Batangas, on the first Tuesday of January, June and November of each year; at Calapan, Province of Mindoro, on the second Tuesday of February and the fourth Tuesday of September of each year; at San Jose, Province of Mindoro, on the second Tuesday of March of each year; and at Lubang, Lubang Island, Province of Mindoro, on the fourth Tuesday of March of each year, or whenever the judge, with the authorization of the Secretary of Justice, so appoints.

Thirteenth District: At Lucena, Province of Tayabas, on the first Tuesday of January and July of each year; at Infanta, Province of Tayabas, for the municipalities of Manta, Casiguran, Baler and Polillo, on the first Tuesday of June of each year; at Boac, Province of Marinduque, on the first Tuesday of March of each year.

"Fourteenth District: At Naga, Province of Camarines Sur, on the first Tuesday of June and September of each year; at Daet, Province of Camarines Norte, on the first Tuesday of March and August of each year.

"Fifteenth District: At Legaspi, Province of Albay, on the first Tuesday of January, June and November of each year; at Virac, Subprovince of Catanduanes, on the first Tuesday of March and September of each year; at Sorsogon, Province of Sorsogon, on the first Tuesday of January, June and November of each year; at Masbate Province of Masbate, on the second Tuesday of March and September of each year.

"Sixteenth District: At Capiz, Province of Capiz, on the first Tuesday of January and June of each year; at Romblon, Province of Romblon, on the first Tuesday of March and November of each year.

"Nineteenth District: At Dumaguete, Province of Oriental Negros, on the first Tuesday of July and October of each year; at Larena, Subprovince of Siquijor, on the first Tuesday of August of each year; at San Jose, Province of Antique, on the first Tuesday of January and June of each year; at Culasi, same province, on the first Tuesday of February of each year.

"Twentieth District: At Catbalogan, Province of Samar, on the first Tuesday of June and November of each year; at Borongan, same province, on the second Tuesday of January and July of each year; at Catarman, same province, on the first Tuesday of March of each year; at Guiuan, same province, on the second Tuesday of August of each year; at Calbayog, same province, on the second Tuesday of September of each year; and at Laoang, of the same province, on the first Tuesday of October of each year.

"Twenty-first District: At Tacloban, Province of Leyte, on the first Tuesday of January and June of each year; at Maasin, same province, on the first Tuesday of March and September of each year; and at Ormoc, same province, on the first Tuesday of December of each year.

"Twenty-third District: At Oroquieta, Province of Occidental Misamis, on the first Tuesday of January and September of each year; and at Tagbilaran, Province of Bohol, on the first Tuesday of June and November of each year.

"Twenty-fourth District: At Surigao, Province of Sungao, on the first Tuesday of January and June of each year, at Cantilan, same province, on the second Tuesday of August of each year; at Butuan, Province of Agusan, on the first Tuesday of March and October of each year. A special term of court shall also be held once a year in either the municipality of Tandag or the municipality of Hinatuan, Province of Surigao, in the discretion of the court. At Mambajao, Province of Oriental Misamis, on the first Tuesday of March of each year; at Cagayan, Province of Oriental Misamis, on the first Tuesday of January, June and November of each year; at Malaybalay, Province of Bukidnon, on the first Tuesday of December of each year. A special term of court shall also be held once a year either in the municipality of Talisayan, or in the municipality of Gingoog, Province of Oriental Misamis, in the discretion of the court; at Iligan, Province of Lanao, on the first Tuesday of September of each year; but the September term for the Province of Lanao may be held at Dansalan, Province of Lanao, in the discretion of the court.

"Twenty-fifth District: At Dipolog, Province of Zamboanga on the first Tuesday of January and June of each year; at Jolo, Province of Sulu, on the first Tuesday of March and November of each year; at Zamboanga, Province of Zamboanga, on the first Tuesday of February and August of each year. The office of the clerk of Court of First Instance of Dapitan, Province of Zamboanga, is hereby transferred to Dipolog, same province.

"Twenty-sixth District: At Davao, Province of Davao, on the first Tuesday of January and June of each year; at Cotabato, Province of Cotabato, on the first Tuesday of March and November of each year; at Glan, Province of Cotabato and at Baganga and Mati, Province of Davao, terms of court shall be held at least once a year on the dates to be fixed by the court.

"Notwithstanding the provisions of this section, whenever weather conditions, the conditions of the roads or means of transportation, the number of cases, or the interest of the administration of justice require it, a judge may, with the approval of the Secretary of Justice, advance or postpone the term of court or transfer the place of holding the same to another municipality within the same judicial district; and, in land registration cases, to any other place more convenient to the parties."

SEC. 27. Section two hundred and seven of the Revised Administrative Code is hereby amended to read as follows:

"SEC. 207. Qualifications for the office of justice of the peace.—No person shall be eligible to appointment as justice of the peace or auxiliary justice of the peace unless he shall be (1) at least twenty-three years of age; (2) citizen of the Philippine Islands or of the United States; (3) of good moral character and not convicted of any felony; and (4) admitted by the Supreme Court to practice law, if there be any available; if not, he shall be a Person who has at least finished the courses of legal study in a recognized school, or shall have passed the civil service examination for clerk of court, or an examination to be held in each province before a board composed of the judge of the Court of First Instance, the provincial fiscal, and a practicing lawyer appointed by the judge, under rules and regulations to be prescribed by the Secretary of Justice. As vacancies occur the Department Head shall group municipalities into circuit courts, composed of at least two municipalities: Provided, however, That the capital of the Province shall not be grouped with any other municipality: Provided, further, That any designation that has heretofore been made of any justice of the peace of a provincial capital to act as such in any other municipality shall, from we date of the taking effect of this Act, be considered as cancelled and of no effect: And provided, finally, That the secretary of Justice may, upon the recommendation of the judge of first instance concerned, designate the justice of the peace of the capital of a province or subprovince as clerk of court ex officio of said province or subprovince.

"No person shall be appointed judge of the Municipal Court of the City of Manila and of the provincial capitals unless he shall have practiced law in the Philippine Islands for a period of four years or shall during a like period have held in the Philippine Islands any office for which a lawyer's diploma is an indispensable requisite, and no person shall be appointed justice of the peace of any first-class municipality unless he has been admitted to the bar by the Supreme Court of the Philippine Islands."

SEC. 28. Section one hundred and ninety-two of the Revised Administrative Code is hereby amended to read as follows:

"SEC. 192. Office of register of deeds.—There shall be a register of deeds for the City of Manila and one for each of the first and second class provinces except the Mountain Province. In the Mountain Province there shall be one register of deeds whose jurisdiction shall extend to such parts of the province as are not contained in the Subprovince of Benguet, and one for the Subprovince of Benguet including the City of Baguio, but in third, fourth, and fifth-class provinces, the provincial fiscal shall be the register of deeds ex officio of the province."

SEC. 29. The Bureau of Commerce and Industry created by Act Numbered Twenty-seven hundred and twenty-eight, with the exception of the marine railway and repair shops, shall hereafter be known as the Bureau of Commerce, the chief and assistant chief of which shall be, respectively, the Director and Assistant Director of Commerce.

SEC. 30. The National Museum of the Philippine Islands created by Act Numbered Thirty-four hundred and seventyseven is hereby abolished as a separate bureau and disposed of as follows: its divisions of history and fine arts shall be transferred to the National Library, and all the other divisions shall become a part of the Bureau of Science. The Director of the National Library and the Director of the Bureau of Science shall hereafter perform the corresponding duties conferred on the Director of the National Museum of the Philippine Islands by Acts Numbered Thirty-four hundred and seventy-seven, and Thirty-seven hundred and twenty.

SEC. 31. The Fiber Standardization Board created by Act Numbered Thirty-two hundred and sixty-three is hereby abolished and the powers and duties conferred upon it by existing law shall hereafter be exercised by the Department of Agriculture and Commerce.

SEC. 32. The powers and duties heretofore conferred by existing law upon the Bureau of Commerce and Industry a with regard to the marine railway and repair shops shall hereafter be exercised by the Secretary of Public Works and Communications, through a Division of Marine Railway and Repair Shops independent of the Bureau of Public Works: Provided, That upon the recommendation of the Department Head and the approval of the Council of State, the Governor-General is hereby authorized to lease the marine railway and repair shops to the Manila Railroad Company under such terms and conditions as may be considered most advantageous to the public interest: Provided, however, That if no satisfactory terms or conditions can be agreed upon with the Manila Railroad Company, said marine railway and repair shops may, upon the recommendation of the Department Head and the approval of the Council of State, be leased by the Governor-General to the highest bidder, under such terms and conditions as may be considered most advantageous to the Government.

SEC. 33. The Executive Bureau is hereby abolished as a separate bureau and all the powers and duties conferred upon it by existing law shall hereafter be exercised by the Secretary of the Interior and Labor.

SEC. 34. (a) There shall be in the Office of the Secretary of the Interior and Labor, a Commissioner of Labor with the rank and salary of Undersecretary of Department who shall, under the general supervision of the Secretary of the Interior and Labor, exercise direct supervision and control over the Bureau of Labor and the proper enforcement of all laws relating to labor and capital in the Philippine Islands and over such other matters as may affect welfare of Filipino laborers both in this country and abroad. He shall also perform such other duties as may be entrusted to him by law, order, or regulation.

(b) There shall be in the Bureau of Labor an Inspector General of Labor, whose salary shall be fixed by the Appropriation Act, and whose duties shall be to inspect the situation of Filipino laborers who are residing outside the territorial limits of the Philippine Islands, to receive and hear the complaints made by such Filipino laborers, to arrange the differences arising between them and their employers, to see to the compliance of contracts made with said laborers, to look after their interests in general, and to perform such other duties as may be imposed upon him by law, order, or regulation.

SEC. 35. Except as herein otherwise provided, the National Library is hereby transferred from the Department of Justice to the Philippine Legislature and shall be under the general supervision and control of the Presiding Officers of both Houses thereof: Provided, That the Director and the Assistant Director of the National Library shall be appointed by the Governor-General with the consent of the Senate: And provided, further, That the subordinate personnel of the National Library shall be in the classified civil service and shall be appointed by the Director of the National Library, with the approval of the Presiding Officers of both Houses of the Legislature, in accordance with the Civil Service Law, rules and regulations.

SEC. 36. Unless otherwise expressly provided herein, the powers, duties and functions heretofore entrusted to the department or Secretary of Agriculture and Natural Resources, the Department or Secretary of Commerce and Communications, and the Department or Secretary of the Interior, shall be understood to be transferred, respectively, to the Department of Agriculture and Commerce, the Department of Public Works and Communications, and the Department of the Interior and Labor.

SEC. 37. The provisions of the existing law to the contrary notwithstanding, whenever a specific power, authority, duty, function, or activity is entrusted to a chief of bureau, office, division or service, the same shall be understood as also conferred upon the proper Department Head who shall have authority to act directly in pursuance thereof, or to review, modify or revoke any decision or action of said chief of bureau, office, division or service.

SEC. 38. For the purpose of promoting efficiency and effecting economy in the service, the proper Head of Department is hereby authorized to suppress or reduce any activity under his Department, transfer an activity from one division to another, add a new activity to any division, or consolidate into one or more divisions all activities and functions of a similar nature of the different bureaus and offices of a Department: Provided, That no transfer, addition or consolidation shall be made if it will result in duplication of work: And provided, further, That the personnel of such divisions, sections, or services as may, pursuant to the provisions of this Act, be placed under the immediate supervision of the Department Head, shall be subject to all the provisions of the Civil Service Law, rules and regulations governing the classified service.

SEC. 39. The unexpended balances of funds or approved pertaining to bureaus, offices, divisions or activities abolished or otherwise terminated in accordance with the provisions of this Act, shall revert to the unappropriated surplus of the Insular Government and all the equipment, materials, records and other properties pertaining to said bureaus, offices, divisions or activities shall be disposed of by the corresponding accountable officers and employees as shall be directed by the Governor-General.

SEC. 40. The unexpended balances of funds or appropriations and the personnel, equipment, materials, records and other properties pertaining to bureaus, offices, divisions or activities transferred to a Department, bureau or office, in accordance with the provisions of this Act, shall be merged with the personnel, funds, records, and properties pertaining to the Department, bureau, office or division concerned, to be used for the same purpose or purposes for which they were originally intended. The transfer of personnel, funds, equipment, materials, records and other properties herein authorized shall be made by the Department Heads concerned.

SEC. 41. All the present Secretaries and Undersecretaries of Department, except the Secretary of Public Instruction, the judges and auxiliary judges of first instance, the Public Service and Associate Public Service Commissioners, and the chiefs and assistant chiefs of bureaus and offices, except the Insular Auditor, the Deputy Insular Auditor, and those detailed from the United States Government, shall vacate their respective positions on the taking effect of this Act, and the Governor-General shall, with the consent of the Philippine Senate, make new appointments of Secretaries and Undersecretaries of Department, judges and judges at large of first instance, Public Service and Associate Public Service Commissioners, and chiefs and assistant chiefs of bureaus and offices, in accordance with existing law as modified by this Act: Provided, That in the making of such appointments the services rendered by the present incumbents shall be taken into account.

SEC. 42. Officials and employees whose positions are abolished or who may be separated from the service as a consequence of the reorganization provided in this Act shall be retired with gratuities to be fixed by appropriate legislation on the basis of the highest salary received, and shall not lose their civil service eligibility for a period of ten years from the date of their separation from the service. In case an office needs the services of additional personnel, preference in the appointment shall be given to the officials or employees who may be separated from the service as a result of this reorganization and in accordance with the recommendation of the Director of Civil Service: Provided, That the gratuities received by them under the law shall be discontinued from and after the date of their reinstatement into the service, and any amount received by them corresponding to the portion of the term of the gratuity which has not yet elapsed upon the date of reinstatement, shall be refunded to the Government.

SEC. 43. The Department Head may, in the interest of economy and efficiency, require the assistant director or a assistant chief of a bureau or office under him to act as chief of any division, in addition to his duties as assistant director or assistant chief, without any additional compensation.

SEC. 44. All acts or parts of acts which are inconsistent with the provisions of this Act are hereby repealed.

SEC. 45. This Act shall take effect on January first, nineteen hundred and thirty-three: Provided, That whenever necessary in the interest of economy and orderly procedure in the required reorganization, the Governor-General may, with the approval of the Council of State, postpone the effectivity of any provision or provisions of this Act to a subsequent date not later than July thirty-first, nineteen hundred and thirty-three, except those contained in sections two, three, four, five, six, seven, eight, and nine hereof.

Approved, December 5, 1932.

Source: Supreme Court E-Library